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Specify that a mitigation action plan be prepared to mitigate environmental impacts resulting from the implementation of commitments made in the record of decision for an environmental impact statement. The Order further requires that an annual mitigation report be prepared and submitted on the anniversary of a mitigation action plan to demonstrate the progress made in implementing the commitments and effectiveness of any mitigation activity until the activity has been completed.

The Manual calls for the submittal of an annual report to the Office of NEPA Policy and Compliance on progress in implementing, and the effectiveness of, any commitment for environmental impact mitigation that is essential to render the impacts of a proposed action not significant or that is made in a record of decision. The report may be submitted on the mitigation action plan anniversary or as part of a combined report (for example, as part of the annual NEPA planning summary) for multiple plans until mitigation has been completed.

An annual NEPA planning summary will be submitted to the Assistant Secretary for Environment, Safety and Health by January 31 of each year and made available to the public. The current version of DOE O 451.1B, National Environmental Policy Act Compliance Program, describes the contents of the annual NEPA planning summary.

The results of the statistical comparison will be reported annually to the NMED in the Annual Culebra Groundwater Report by November 30, as required under 20.4.1.500 34 NMAC (incorporating 40 CFR §264.98(g)).

Permit L-5b Statistical Analysis and Reporting of ResultS

Analytical results from annual groundwater sampling activities will be compared and interpreted by the Team Leader through generation of statistical analyses as specified in Section L-4e. The Permittees will perform statistical analyses; the results will be included in the Annual Culebra Groundwater Report in summary form, and will also be provided to the NMED as specified in Permit Part 5.

Data collected from this detection monitoring program (DMP) will be reported to the NMED as specified in Permit Part 5 in the Annual Culebra Groundwater Report. The report will include all applicable information that may affect the comparison of background groundwater quality and groundwater surface elevation data through time.

Permit 5.10.2.2. Groundwater Surface Elevation ResultS

The Permittees shall submit to the Secretary groundwater surface elevation data specified in Permit Section 5.7. This submittal shall include both groundwater surface elevations calculated from field measurements and fresh-water head elevations calculated as specified in Permit Attachment L, Section L-4c(1). Water level data shall be reported semiannually by May 31 and November 30. The November water level data report shall be combined with the Annual Culebra Groundwater Report>

Permit 5.10.2.3 Groundwater Flow Results>

Groundwater Flow ResultsThe Permittees shall submit to the Secretary an evaluation of the groundwater flow data (to include annotated hydrographs) specified in Permit Section 5.8 in the Annual Culebra Groundwater Report by November 30 of each calendar year.

The Secretary shall, not later than two years after the date of the enactment of this Act, and biennially thereafter, submit documentation of continued compliance with the laws, regulations and permit requirements described in paragraph (1) to the Administrator, and, with the law described in paragraph (1)(C), to the state>

The Permittees will provide a biennial report in accordance with 20.4.1.500 NMAC (incorporating 40 CFR §264.75) to NMED that includes information on actual volume and waste descriptions received for disposal during the time period covered by the report.

Not later than six months after the Administrator issues a certification, and at least annually thereafter, the Department shall report to the Administrator, in writing, any changes in conditions or activities pertaining to the disposal system that were not required to be reported by paragraph (b )(3) of this section and that differ from information contained in the most recent compliance application

The Permittees shall submit to the Secretary an annual report in October evaluating the geomechanical monitoring program and shall include geomechanical data collected from each Underground Hazardous Waste Disposal Unit (Underground HWDU) during the previous year, as specified in Attachment A2, Section A2-5b(2), "Geomechanical Monitoring," and shall also include a map showing the current status of HWDU mining. The Permittees shall also submit at that time an annual certification by a registered professional engineer certifying the stability of any explosion-isolation walls. The Permittees shall post a link to the geomechanical monitoring report transmittal letter on the WIPP Home Page and inform those on the e-mail notification list as specified in Permit Section 1.11

For each toxic chemical known by the owner or operator to be manufactured,(including imported), processed, or otherwise used in § 372.25, § 372.27, or § 372.28 at its covered facility described in § 372.22 for a calendar year, the owner or operator must submit to EPA and to the State in which the facility is located a completed EPA Form R.

MOC

CBFO Environmental Protection Division Director

Submitted electronically to the EPA and the NMDHSEM via EPACDX through TRIMEweb™ Form R, Preparation Software.

The owner or operator of a facility shall submit an inventory form to the State Emergency Response Commission (SERC), Local Emergency Planning Committee (LEPC), and the fire department with jurisdiction over the facility for hazardous chemicals at the facility during the preceding calendar year by March 1 of each year

For waste that is generated out-of-state but is treated, stored, or disposed of in New Mexico, an annual imported waste compensating fee shall be paid in lieu of the generation fee provided for in Subpart II of this Part [20.4.3 ,200 NMAC].

The Permittees will provide the NMED with an initial set of applicable laboratory standard operating procedures (SOPs) for information purposes, and provide NMED with any updated SOPs on an annual basis

WIPP Land Withdrawal Act., Section 9(a)(1)(A) and EPA Guidance for the Implementation of EPA’s Standards for Management and Storage of TRU Waste (40CFR Part 191, Subpart A) at the WIPP

As required by the WIPP LWA [Section 9(a)], DOE must submit document ation every two years on continued compliance with the Subpart A standard. The EPA expects DOE to submit a biennial report to EPA's Office of Radiation and Indoor Air at Headquarters and to the EPA Region 6 office per the WIPP LWA(i.e., beginning no later than October 1994, then every two years thereafter). The report must include the results of the monitoring and the dose calculations for the reporting period (i.e., the two calendar years previous to report submittal). Although each report covers a two-year time period, annual radiation doses must be calculated separately for each calendar year. For years in which reporting is not required, EPA recommends that DOE submit its annual update of the WIPP Safety Analysis Report to inform the Agency of any changes in the WIPP facility's operational safety features, monitoring systems, or land management practices

The DOE is expected to perform monitoring during each calendar year of facility operation, and to calculate radiation doses after the end of each calendar year, as a minimum frequency. Radiation doses should be calculated following unplanned emissions from the facility to determine if releases have caused or are expected to cause radiation doses that exceed the Subpart A limits. If the facility demonstrates continued compliance with Subpart A, then DOE must submit only the biennial compliance report described above. If annual radiation doses exceed the regulatory limits of Subpart A for a given year, then DOE is expected to submit a report to EPA by March 31 of the next calendar year, whether or not the biennial compliance report was scheduled for submission. Additional requirements must then be fulfilled, as described in Section 5.0 of the EPA Subpart A Guidance for WIPP

MOC

CBFO Environmental Protection Division Director

U.S. EPA Region 61445 Ross AvenueDallas, TX 75202

Laboratory Operating Procedures for Information Purposes

S

Information Submittal

Annual

31-Jan

NMHWA

HWFP L-4c(3), Laboratory Analysis

The Permittees will provide the NMED with an initial set of applicable laboratory standard operating procedures (SOPs) for information purposes, and provide NMED with any updated SOPs on an annual basis

National Emission Standards for Hazardous Air Pollutants (NESHAP) Report

S

Report

Annual

30-Jun

NESHAP

40 CFR §61.94, Compliance and reporting and the May 16, 1995, Memorandum of Understanding between the EPA and DOE concerning the Clean Air Act Emission Standards for Radionuclides 40 CFR Part 61 Including Subparts H,I,Q & T.

A NESHAP annual report must be submitted by June 30 for facilities subject to Subpart H of NESHAP

MOC

CBFO Environmental Protection Division Director

U.S. EPA Region 61445 Ross AvenueDallas, TX 75202

PCB Document Log

Note: The log is maintained by Waste Data System (WDS) and submitted to EPA in the PCB Annual Report

S

See PCB Annual Report

Annual

1-Jul

TSCA

40 CFR §761.180 Records and Monitoring (Document Log)

A written annual document log is prepared by July 1 covering the previous calendar year (January through December). The log is to include:

Identity of the WIPP site

Manifest numbers

Container number

Description of the contents

Dates removed from service

Transportation dates

Dates received at WIPP

Disposal dates

Dates Certificates of Disposal sent to generator/storage site

MOC

CBFO Environmental Protection Division Director

U.S. EPA Region 61445 Ross AvenueSuite 1200Dallas, TX 75202-2733

PCB Annual Report

S

Report

Annual

15-Jul

TSCA

40 CFR §761.180 Records and Monitoring (Annual Report)

Annual report (to EPA Region 6) from the written annual document log the owner or operator of a facility prepares the annual report containing information required by 40 CFR §761.180(b)(3)( i) through (b)(3)(vi) for PCBs and PCB Items handled as PCB waste at the facility the previous calendar year (January through December). The annual report is submitted by July 15 of each year

MOC

CBFO Environmental Protection Division Director

U.S. EPA Region 61445 Ross AvenueSuite 1200Dallas, TX 75202-2733

Waste Minimization Report

S

Report

Annual

1-Dec

NMHWA

Permit 2.4 Waste Minimization Program

Annually, by December 1, for the previous year ending September 30, the Permittees shall submit to the Secretary a report regarding progress made in the waste minimization program. The report shall address items 1-8 below and show changes from the previous report.

Written policies or statements that outline goals, objectives, and methods for source reduction and recycling of hazardous and mixed waste at the facility;

Employee training or incentive programs designed to identify and implement source reduction and recycling opportunities for all hazardous and mixed wastes;

Source reduction or recycling measures implemented in the last five years or planned for the next federal fiscal year;

Estimated dollar amounts of capital expenditures and operating costs devoted to source reduction and recycling of hazardous and mixed waste;

Factors which have prevented implementation of source reduction or recycling;

Summary of additional waste minimization efforts that could be implemented at the facility that analyzes the potential for reducing the quantity and toxicity of each waste stream through production process changes, production reformulations, recycling, and all other appropriate means including an assessment of the technical feasibility, cost, and potential waste reduction for each option;

Flow charts and/or tables summarizing all hazardous and mixed waste streams produced by the facility by quantity, type, building or area, and program; and

Demonstration of the need to use those processes which produce a particular hazardous or mixed waste due to a lack of alternative processes, available technology, or available alternative processes that would produce less volume or less toxic waste

For any non-administrative nonconformance related to applicable requirements specified in the Waste Analysis Plan (WAP) which are first identified at the site Project Manager signature release level (i.e., a failure to meet a data quality objective [DQO]), the Permittees shall receive written notification within seven calendar days of identification and shall also receive a nonconformance report within 30 calendar days of identification of the incident. DOE shall require the generator/storage site to implement a corrective action that remedies the nonconformance prior to management, storage, or disposal of the waste at WIPP. The Permittees shall send the NMED a monthly summary of nonconformances identified during the previous month, indicating the number of nonconformances received and the generator/storage sites responsible

The Permittees shall report to the Secretary all other instances of noncompliance not otherwise required to be reported in Permit Section 1.7.10 through 1.7.13, at the time monitoring reports are submitted annually in October. The reports shall contain the information specified in Permit Section 1.7.13 and 20.4.1.900 NMAC (incorporating 40CFRPart 270. 30(1 )(10))

180 calendar days before the expiration date of this Permit (renewal due on June 30, 2020).

NMHWA

Permit 1.3.2 Permit Renewal

The Permittees may renew this Permit by submitting an application for a new Permit at least 180 calendar days before the expiration date of this Permit

Permit 1.7.3. Duty to Reapply

If the Permittees wish to continue an activity regulated by this Permit after the expiration date of this Permit, the Permittees shall apply for and obtain a new Permit. The Permittees shall submit an application for a new Permit at least 180 calendar days before the expiration date of this Permit. 20.4.1.900 NMAC (incorporating 40 CFR §§270.10(h), 270.30(b))]

The Permittees shall furnish to the Secretary, within a reasonable time frame as specified by the Secretary, any relevant information which the Secretary may request to determine whether cause exists for modifying, suspending, or revoking this Permit, or to determine compliance with this Permit. The Permittees shall also furnish to the Secretary, upon request, copies of records required to be kept by this Permit. Information and records requested by the Secretary pursuant to this condition shall be provided in a paper or an electronic format acceptable to the Secretary. [20.4.1.500 and .900 NMAC (incorporating 40 CFR §§264.74(a) and 270.30(h))]

Not later than five years after the initial receipt of transuranic waste for disposal at WIPP, and every five years thereafter until the end of the decommissioning phase, the Secretary shall submit to the Administrator and the state documentation of continued compliance with the final disposal regulation

Controlled changes to WAP-related plans or procedures shall be managed through the document control process described in the Quality Assurance Program Document. The Site Project Manager shall review all non-administrative changes and evaluate whether those changes could impact DQOs specified in the Permit. After site certification, any changes to WAP-related plans or procedures that could positively or negatively impact DQOs (i.e., those changes that require prior approval of DOE as defined in Attachment C5, Section C5-2) shall be reported to DOE within five days of identification by the project-level review. The Permittees shall send NMED a monthly summary briefly describing the changes to plans and procedures identified pursuant to this section during the previous month

Requirements include periodic reporting to the Secretary of any information that may be required as set forth in the discharge permit, and notifying the NMED of any facility expansion, production increase, or process modifications that would result in the discharge of water contaminants

Analytical Results for the Triennial Lead and Copper Compliance Samples

S

Report

Once every three years

Samples are to be collected between 1‑Jun and 30‑Sep and results are sent to NMED

National Primary Drinking Water Regulations

Title 40 CFR §141.86 Monitoring Requirements for Lead and Copper in Tap Water

The CFR requires periodic sampling for lead and copper at representative taps. The frequency of sampling is based on concentrations of lead and copper found. WIPP qualifies for a reduced monitoring schedule under 40 CFR §141.86(d )(4), and is required to sample for lead and copper every three years.

An emission inventory is required annually for any stationary source permitted under 20.2.72 NMAC (except for those sources that are permitted only for toxic air pollutant emissions). Other sources that are required to file an annual emission inventory are those that must file a Notice of Intent under 20.2.73 NMAC or that emit in excess of 1 ton of lead or 10 tons of total suspended particulates, particulate matter with an aerodynamic diameter of 10 μ or less (i.e., M10), sulfur dioxide, nitrogen dioxide, carbon monoxide, or VOCs in any calendar year including and subsequent to 1990

MOC

CBFO Environmental Protection Division Director

NMEDAir Quality Bureau2048 GalisteoSanta Fe, NM 87502

Air Quality Permit Proposed Revision or Modification to Emissions Control

U

Permit Modification

As required to revise or modify permit

As required

Air Quality permit

Permit No. 310-M-2 for Backup Diesel Generators, Condition 1

Changes in plans, specification, and other representations provided in the application documents shall not be made if they change the method of emissions control or in the character of the emissions or if they would increase the discharge of emissions. Any such proposed change must be submitted as a proposal revision or modification of the permit in accordance with the condition described in Section 28.3.1.4.

MOC

CBFO Environmental Protection Division Director

Air Quality BureauNMED2048 GalisteoSanta Fe, NM 87502

Air Quality Permit Notification of Control or Ownership

U

Notification

As required with change in ownership

Within 15 calendar days of change in ownership

Air Quality permit

Permit No. 310-M-2 for Backup Diesel Generators, Condition 6

If there is any change in control or ownership of the diesel generators, the permittee shall notify the succeeding owner of the permitand its conditions and shall notify NMED of the change in ownership within 15 calendar days

MOC

CBFO Environmental Protection Division Director

Air Quality BureauNMED2048 GalisteoSanta Fe, NM 87502

Air Quality Permit Notification of New or Modified Emission Sources

U

Notification

As required for new or modified emission source

Fifteen calendar days after the start-up date

Air Quality permit

Permit No. 310-M-2 for Backup Diesel Generators, Condition 10

The permittee will notify the NMED in writing or provide the NMED with the following information: The anticipated date of the initial start-up of each new or modified emission source at least 30 calendar days prior to that date and the actual date of the initial start-up of each new or modified source within 15 calendar days after the start-up date.

MOC

CBFO Environmental Protection Division Director

Air Quality BureauNMED2048 GalisteoSanta Fe, NM 87502

Annual Culebra Groundwater Report

S

Report

Annually

November

NMHWA

Permit 5.10.2.1. Data Evaluation Results

The Permittees shall submit to the Secretary the analytical results

required by Permit Sections 5.5 and 5.9.2, and the results of the statistical analyses required by Permit Section 5.9.3, in the Annual Culebra Groundwater Report by November 30 of each year as required by 20.4.1.500 NMAC (incorporating 40 CFR §264.97(j)).

The Permittees shall submit to the Secretary groundwater surface elevation data specified in Permit Section 5.7. This submittal shall include both groundwater surface elevations calculated from field measurements and fresh-water head elevations calculated as specified in Permit Attachment L, Section L‑4c(1). Water level data shall be reported semiannually by May 31 and November 30. The November water level data report shall be combined with the Annual Culebra Groundwater Report specified in Permit Part 5.10.2.1

The Permittees shall submit to the Secretary an evaluation of the groundwater flow data (to include annotated hydrographs) specified in Permit Section 5.8 in the Annual Culebra Groundwater Report by November 30 of each calendar year

Any time after the Administrator issues a certification, the Department shall report any planned or unplanned changes in activities or conditions pertaining to the disposal system that differ significantly from the most recent compliance application

DOE will notify the EPA by letter that a transuranic waste site is prepared to ship waste to WIPP and has established adequate waste characterization processes and programs. The DOE also will provide the relevant waste characterization program plans and documentation

Final audit report - DOE shall provide the Secretary a final audit report as specified in Permit Attachment C6, and post a link to the final audit report transmittal letter on the WIPP Home Page and inform those on the e-mail notification list as specified in Permit Section 1.11. The final audit report shall include all information specified in Permit Attachment C6, SectionC6-4, and:

( i) A detailed description of all corrective actions and the resolution of any corrective action applicable to WAP requirements, including re-audits if required;

(ii) All documentation necessary for the secretary to determine if the corrective action was resolved

The owner or operator of a facility shall submit a material safety data sheet (MSDS) for each hazardous chemical present at the facility that meet or exceed the applicable threshold levels (threshold levels are in §1A370.10) by either:

(1) Submitting an MSDS for each hazardous chemical present at your facility that meet or exceed its applicable threshold level; or

(2) Submitting a list of all hazardous chemicals present at your facility at or above the applicable threshold levels. The hazardous chemicals on your list must be grouped by Hazard Category as defined under §370.66. The list must contain the chemical or common name of each hazardous chemical as provided on the MSDS

(b) Within 30 days of a request by the LEPC (as provided in §370.10(b)), you must also submit an MSDS for any hazardous chemical present at your facility for which you have not submitted an MSDS.

§370.31 Do I have to update the information?

MSDS reporting stated in §370.30 is a one-time requirement. However, you must update the information in all of the following ways:

(a) Submit a revised MSDS after you discover significant new information concerning a hazardous chemical for which an MSDS was submitted

(b) Submit an MSDS, or a list as described in §370.30(a), for any new hazardous chemical for which you become subject to these reporting requirements

(c) Submit, as requested by the LEPC, an MSDS for any hazardous chemical present at your facility which you have not already submitted, as provided in §370.30(b)

When evaluation of the geomechanical monitoring system data identifies a trend towards unstable conditions which requires a decision whether to terminate waste disposal activities in any Underground HWDU, the Permittees shall provide the Secretary with the same report provided to the WIPP Operations Manager within seven calendar days of its issuance, as specified in Permit Attachment A2, Section A2- 5b(2)(a),

"Description of the Geomechanical Monitoring System." The Permittees shall post a link to the adverse condition notice transmittal letter on the WIPP Home Page and inform those on the e-mail notification list as specified in Permit Section 1.11

For a new panel, the owner/operator may not commence disposal until the Facility has notified in writing the EPA Region 6 Facility Assessment Section and received a written approval authorizing the new panel for PCB disposal. The notification must include a description and a map of the new panel. The description must include anticipated depth, length, and width of the new panel and how it will be operated

MOC

CBFO Environmental Protection Division Director

U.S. EPA Region 61445 Ross AvenueSuite 1200Dallas, TX 75202-2733

PCB Facility Modification or Expansion Notification

U

Notification

As required

As required

TSCA

Conditions of Approval for Disposal of PCB/TRU and PCB/TRU Mixed Waste, Section II.D. Expansion in Size of Capacity of Authorized Disposal Unit

Any existing Facility modification or expansion in capacity from what was proposed in the PCB application of March 22, 2002, requires notification and response from EPA Region 6 according to the procedures outlined in Section II.C. (i.e., written notification by the DOE to EPA Region 6 for approval authorizing the change, notification to include description, drawing, and operational reason for the change)

For a new PCB/TRU storage area, the owner/operator may not commence storage of PCBs until the facility has notified in writing the EPA Region 6 Facility Assessment Section and received a written approval authorizing the new storage area. The notification must include a description and storage capacity of the proposed new area>

MOC

CBFO Environmental Protection Division Director

U.S. EPA Region 61445 Ross AvenueSuite 1200Dallas, TX 75202-2733

PCB Storage Area Modifications or Expansion Notification

U

Notification

As required

As required

TSCA

Conditions of Approval for Disposal of PCB/TRU and PCB/TRU Mixed Waste, Section III.C, Expansion in Size or Capacity of Authorized Storage Areas

Any existing storage area modification or expansion in capacity over and above what is authorized in this approval requires notification and response from EPA as outlined in III.B, i.e. receive written approval from the EPA authorizing the modification or expansion

The owner/operator may increase the CH TRU waste capacities of any given panel by 35,300 cubic feet (1,000 cubic meters) or less after providing EPA Region 6 with a written notification of the increase. Larger increases in capacity, up to a 25 percent increase to the CH TRU waste capacities identified for a panel in the table below requires the Facility to notify EPA, Region 6 of the proposed increase and receive written approval for the increased capacity. The owner/operator may increase RH TRU waste capacities o fPanel4, 5 or 6 to 730 RH TRU Canisters after providing EPA, Region 6 with a written notification of the increase

Conditions of Approval for Disposal of PCB/TRU and PCB/TRU Mixed Waste, Section V.B. Notice of Closure

The owner/operator must notify the EPA Region 6 Facility Assessment Section 30 days before closure of a disposal Panel is to begin, along with any proposed changes to the closure plan

MOC

CBFO Environmental Protection Division Director

U.S. EPA Region 61445 Ross AvenueSuite 1200Dallas, TX 75202-2733

PCB Notification of Notarized Affidavit for ownership

Transfer

U

Notification

As required when transferring ownership

Thirty calendar days before transferring ownership

TSCA

Conditions of Approval for Disposal of PCB/TRU and PCB/TRU Mixed Waste, Section VI.J., Notice of Transfer of Ownership>

The owner/operator must notify EPA Region 6 at least 30 days before transferring ownership of the Facility. The owner/operator must also submit to EPA Region 6 at least 30 days before such transfer a notarized affidavit signed by the transferee stating that the transferee shall abide by the terms of this approval

MOC

CBFO Environmental Protection Division Director

U.S. EPA Region 61445 Ross AvenueSuite 1200Dallas, TX 75202-2733

PCB Notification of Noncompliance with Possible Risk to Human Health

U

Notification

As required with discovery of non-compliance

By phone within 24 hours

Submit written report within five working days

TSCA

Conditions of Approval for Disposal of PCB/TRU and PCB/TRU Mixed Waste, Section VI.K.1 Twenty Four Hour Reporting of Noncompliance

If at any time the owner/operator finds it is in noncompliance with the Conditions of Approval and the noncompliance may pose a risk to human health or the environment, it must notify the EPA Region 6 Facility Assessment Section by phone within 24 hours and must submit a written report within five working days

MOC

CBFO Environmental Protection Division Director

U.S. EPA Region 61445 Ross AvenueSuite 1200Dallas, TX 75202-2733

PCB Notification of Noncompliance with No Possible Risk to Human Health

U

Notification

As required with discovery of non-compliance

By phone or e‑mail within 24 hours

Submit written report within five working days

TSCA

Conditions of Approval for Disposal of PCB/TRU and PCB/TRU Mixed Waste, Section VI.K.2 Twenty Four Hour Reporting of Noncompliance

If at any time the owner/operator finds it is in noncompliance with these Conditions of Approval, and the noncompliance does not pose a risk to human health or the environment, it must notify the EPA Region 6 PCB Coordinator by phone or e-mail within 24 hours, and must submit a written report within five work days. E‑mail messages must confirm successful delivery by return e‑mail

MOC

CBFO Environmental Protection Division Director

U.S. EPA Region 61445 Ross AvenueSuite 1200Dallas, TX 75202-2733

PCB Notice of Incorrect Information

U

Notification

As required

As required

TSCA

Conditions of Approval for Disposal of PCB/TRU and PCB/TRU Mixed Waste, Section VI.L. Other Information

If the owner/operator finds it has failed to submit relevant facts in their application, or submitted incorrect information in any report to EPA, it must promptly submit such facts or information to the EPA Region 6 Facility Assessment Section

MOC

CBFO Environmental Protection Division Director

U.S. EPA Region 61445 Ross AvenueSuite 1200Dallas, TX 75202-2733

PCB Report-Spill Response

U

Report

As required After spill has occurred

In the shortest possible time after discovery, but in no case later than 24 hours after discovery

PCB spills occurring at the facility or from any on‑site transport vehicle must be cleaned up according condition IV .B.2 of these conditions of Approval for PCB/TRU mixed waste. I.e. in the event of a spill of PCB/TRU mixed waste, personnel in the area of the spill shall be evacuated immediately and the area posted in accordance with the radiological practices in effect at the Facility. Contaminated areas or potentially contaminated areas shall not be available for entry until the radiation control technicians determine that conditions for reentry and radiological cleanup are complete. Samples shall be taken to determine the presence of radiological materials. Radiological materials shall be removed in accordance with Facility requirements, and the concrete shall be treated with a double wash/rinse with an EPA approved solvent for potential PCB contamination removal. After cleanup and decontamination activities are complete, the Facility may reopen the area for normal activity in accordance with Facility requirements.

If spills cannot be cleaned up within the time required by the PCB Spill Cleanup Policy, the owner/operator must notify the EPA Region 6 PCB Coordinator of the circumstance of the spill, the estimated time of cleanup, and a justification for the delay of the cleanup. The EPA may order cessation of PCB disposal at the facility if spills are not cleaned up in accordance with the PCB Spill Cleanup Policy

The owner/operator must maintain an adequately trained on‑site RCRA emergency coordinator to direct emergency procedures which could result from fires, explosions or releases of PCB containing waste at the facility. The owner/operator must submit the name and qualifications of the emergency coordinator within 60 calendar days of the effective date of this approval

MOC

CBFO Environmental Protection Division Director

U.S. EPA Region 61445 Ross AvenueSuite 1200Dallas, TX 75202-2733

PCB Notification of Physical or Operational Changes

U

Notification

As required

Thirty calendar days before a planned physical or operational change related to PCB handling and disposal

TSCA

Conditions of Approval for Disposal of PCB/TRU and PCB/TRU Mixed Waste, Section VI.O, Duty to Notify

The owner/operator must notify the EPA Region 6 Facility Assessment Section in writing at least 30 calendar days before a planned physical or operational change related to PCB handling and disposal that may require modification of this approval

This approval becomes effective on the date of this letter, and expires at midnight, April 30, 2018.

Note: Per letter of May 21, 2013, from Wren Stenger, EPA, Region 6 to Jose R. Franco, CBFO An application for renewal of this approval should be submitted at least one year prior to the expiration date.

MOC

CBFO Environmental Protection Division Director

U.S. EPA Region 61445 Ross AvenueSuite 1200Dallas, TX 75202-2733

PCB Document Log

Note: The Log is maintained by WDS and submitted to EPA in the PCB Annual Report

All PCB Items must be identified in the WIPP Waste Data System (WDS) to show the date of waste certification for disposal. This electronic database must show the date a PCB Item was removed from service for disposal and the date the PCB Item was sent to the Facility for disposal. This information must be provided to the EPA upon Request

MOC

CBFO TRU Sites and Transportation Division Director

U.S. EPA Region 61445 Ross AvenueSuite 1200Dallas, TX 75202-2733

PCB Certificates of Disposal

U

Certificates of Disposal

Every accepted shipment of PCB waste

Within 30 days of Disposal

TSCA

40 CFR § 761.218 Certificate of Disposal

For each shipment of manifested PCB waste that the owner or operator of a disposal facility accepts by signing the manifest, the owner or operator of the disposal facility shall prepare a Certificate of Disposal for the PCBs and PCB Items disposed of at the facility and send the Certificate of Disposal to the generator identified on the manifest that accompanied the shipment of PCB waste.

MOC

CBFO Environmental Protection Division Director

Individual Generator Sites

Permit Planned Closure Notice

U

Notification

As required prior to initiating closure

Sixty calendar days prior to initiating closure

NMHWA

Permit 6.4 Number identification

The Permittees shall notify the Secretary in writing at least 60 calendar days prior to the date on which they expect to begin partial closure (i.e.,closure of an Underground Hazardous Waste Disposal Unit or final closure of the facility as required by 20.4.1.500 NMAC (incorporating 40 CFR §§ 264.112(d) and 264.601). The Permittees shall post a link to the closure notice transmittal letter on the WIPP Home Page and inform those on the e-mail notification list as specified in Permit Section 1.11

Within 60 calendar days of completion of closure of each Underground HWDU, and within 60 calendar days of completion of final closure, the Permittees shall certify in writing to the Secretary that the Underground HWDUs and/or facility have been closed as specified in Permit Attachment G, and as required by 20.4.1.500 NMAC (incorporating 40 CFR §§264.115 and 264.601).

Permit 6.8 Survey Plat (G-2b)

No later than the submission of the certification of closure of each Underground HWDU, the Permittees shall submit a survey plat detailing the location and dimensions of each Underground HWDU with respect to permanently surveyed benchmarks, as required by 20.4.1.500 NMAC (incorporating 40 CFR §264.116)

Upon completion of disposal in an Underground HWDU, the Permittees shall provide written notification to the Secretary stating the final volume of TRU mixed waste emplaced in the Underground HWDU. The Permittees shall also close the Underground HWDU as specified in Permit Attachment G and Permit Attachment G1 (Detailed Design Report for an Operation Phase Panel Closure System). The Permittees shall post a link to the final panel volume notice transmittal letter on the WIPP Home Page and inform those on the e-mail notification list as specified in Permit Section 1.11

The Permittees shall notify the Secretary in writing upon using the CH Bay Surge Storage Area and provide justification for its use. The Permittees shall post a link to the notice of CH Bay Surge Storage Area use on the WIPP Home Page, and inform those on the email notification list as specified in Permit Section 1.11.

The Permittees shall notify the Secretary in writing upon using the Parking Area Surge Storage and provide justification for its use. The Permittees shall post a link to the notice of Parking Area Surge Storage use on the WIPP Home Page, and inform those on the e‑mail notification list as specified in Permit Section 1.11

No later than 60 calendar days after certification of closure of each Underground HWDU or final facility closure, the Permittees shall submit to the Secretary and the local zoning authority, or the authority with jurisdiction over local land use, a record of the type, location, and quantity of TRU mixed waste disposed in each Underground HWDU, as required by 20.4.1.500 NMAC (incorporating 40 CFR §264.119[a])

Within 60 calendar days of issuing a certification of closure for an under-ground HWDU

NMHWA

Permit 7.4.2 Deed Notice

Within 60 calendar days of certification of closure of the first Underground HWDU and within 60 calendar days of certification of the last Underground HWDU, the Permittees shall comply with the following conditions, as required by 20.4.1.500 NMAC (incorporating 40 CFR §264.119[b]):

Permit 7.4.2.1 Deed Recordation

The Permittees shall record, in accordance with New Mexico law, a notation on the deed to the facility property, or on some other instrument that is normally examined during a title search, that will in perpetuity notify any potential purchaser of the property that:

( i) The land has been used to manage TRU mixed waste; and

(ii) Its use is restricted under 20.4.1.500 NMAC (incorporating 40 CFR §264 Subpart G) regulations; and

(iii) The survey plat and record of the type, location, and quantity of TRU mixed waste disposed in eachUnderground HWDU have been filed with the Secretary and the local zoning authority or the authority with jurisdiction over local land use

Permit 7.4.2.2. Certification

The Permittees shall submit a certification to the Secretary, signed by the Permittees, stating the Permittees have recorded the notation specified in Permit Section 7.4.2.1 including a copy of the document(s) in which the notation has been placed, as required by 20.4.1.500 NMAC (incorporating 40 CFR §264.119[b]).

Within 60 calendar days of completion of the post-closure care period for each under-ground HWDU

NMHWA

Permit 7.4.4. Completion of Post-Closure Care

No later than 60 calendar days after completion of the post-closure care period for each Underground HWDU, the Permittees shall submit to the Secretary, by registered mail, a certification that the post-closure care for the Underground HWDU was performed in accordance with the specifications in the approved Post-Closure Plan, as required by 20.4.1.500 NMAC (incorporating 40 CFR §264.120). The Permittees and an independent New Mexico registered professional engineer shall sign the certification. The Permittees shall provide to the Secretary upon request the documentation supporting the professional engineer's certification, as required by 20.4.1.500 NMAC (incorporating 40 CFR §§264.145[i] and 264.120).

Notification requirements - at least 30 calendar days prior to the projected start date of excavation of each Underground HWDU, the Permittees shall provide written notification to the Secretary stating the projected start date of excavation, along with supporting rationale (e.g., projected waste receipt rate, etc.,). The Permittees shall post a link to the notification transmittal letter on the WIPP Home Page and inform those on the e-mail notification list as specified in Permit Section 1.11.

Sixty days prior to the proposed change in facility design or operation or within 60 days of the occurrence of an unexpected event that affects the Closure Plan. Within 30 days for unexpected event during closure

NMHWA

Permit G-1d(4) Amendment of the Closure Plan

If it becomes necessary to amend the Closure Plan for the WIPP facility, the Permittees will submit, in accordance with 20.4.1.900 NMAC (incorporating 40 CFR §270.42), a written notification of or request for a permit modification describing any change in operation or facility design that affects the approved Closure Plan. The written notification or request will include a copy of the amended Closure Plan for approval by the NMED. The Permittees will submit a written notification of or request for a permit modification to authorize a change in the approved plan, if:

There are changes in operating plans or in the waste management unit facility design that affect the Closure Plan

There is a change in the expected year of closure

Unexpected events occur during panel or final facility closure that requires modification of the approved Closure Plan

Changes in state or federal laws affect the Closure Plan

Permittees fail to obtain permits for continued operations as discussed above.

The Permittees will submit a written request for a permit modification with a copy of the amended Closure Plan at least 60 days prior to the proposed change in facility design or operation or within 60 days of the occurrence of an unexpected event that affects the Closure Plan. If the unexpected event occurs during final closure, the permit modification will be requested within 30 days of the occurrence. If the Secretary of the NMED requests a modification of the Closure Plan, a plan modified in accordance with the request will be submitted within 60 days of notification or within 30 days, if the change in facility condition occurs during final closure

Within 60 days after completion of closure activities for a HWMU (i.e., for each storage unit and each disposal unit), the Permittees will submit to the Secretary of the NMED a certification that the unit (and, after completion of final closure, the facility) has been closed in accordance with the specifications of this Closure Plan. The certification will be signed by the Permittees and by an independent New Mexico registered professional engineer. Documentation supporting the independent registered engineer's certification will be furnished to the Secretary of the NMED with the certification.

Within 60 calendar days of completion of closure activities for each underground HWDU

NMHWA

Permit G-2b Survey Plat

Within 60 days of completion of closure activities for each underground HWDU, and no later than the submission of the certification of closure of each underground HWDU, the Permittees will submit to the Secretary of the NMED a survey plat indicating the location and dimensions of hazardous waste disposal units with respect to permanently surveyed benchmarks. The plat will be prepared and certified by a professional land surveyor and will contain a prominently displayed note that states the Permittees' obligation to restrict disturbance of the hazardous waste disposal unit. In addition, the land records in the Eddy County Courthouse, Carlsbad, New Mexico, will be updated through filing of the final survey plats

The Permittees shall maintain copies of the Contingency Plan and all revisions and amendments to the Contingency Plan as required by 20.4.1.500 NMAC (incorporating 40 CFR §264.53). The Permittees shall provide copies of the current Contingency Plan to the Secretary and all entities with which the Permittees have emergency MOUs or MAAs, as required by 20.4.1.500 NMAC (incorporating 40 CFR §264.53(b)). The Permittees shall maintain at least one current paper copy of the Contingency Plan at the facility in a location readily accessible to the Emergency Coordinator specified in Permit Section 2.12.4

In compliance with 20.4.1.500 NMAC (incorporating 40 CFR §§264.56[j]), within 15 days after the incident, the Permittees will ensure that a written report on the incident will be submitted to the EPA Region 6 Administrator and to the Secretary of the NMED.

Reporting Planned Changes - the Permittees shall give notice to the Secretary, as soon as possible, of any planned physical alterations or additions to the permitted facility. The Permittees shall post a link to the planned change notice transmittal letter on the WIPP Home Page and inform those on the e-mail notification list. The Permittees shall send e-mail notifications required by this Permit to the e-mail list within seven days of the submittal date to the Secretary and shall include in the e-mail a direct link to the specific document to which it relates. The Permittees shall provide a link on the WIPP Home Page http://www.wipp.energy.gov/ whereby members of the public may review the actions requiring e-mail notification and submit a request to be placed on this list. (20.4.1.900 NMAC [incorporating 40 CFR §270.30(l )(1)]).

The Permittees shall give advance notice to the Secretary of any planned changes in the permitted facility or activity which may result in noncompliance with permit requirements. The Permittees shall post a link to the planned change notice transmittal letter on the WIPP Home Page and inform those on the e-mail notification list. The Permittees shall send e-mail notifications required by this Permit to the e-mail list within seven days of the submittal date to the Secretary and shall include in the e-mail a direct link to the specific document to which it relates. The Permittees shall provide a link on the WIPP Home Page http://www.wipp.energy.gov/ whereby members of the public may review the actions requiring e-mail notification and submit a request to be placed on this list.

A Letter Signed by the Permittees and a New Mexico Registered Professional Engineer

U

Notification

As required or at least 30 calendar days before start of excavation of an Underground Hazardous Waste Disposal Unit

Prior to dispose of TRU mixed waste

in modified portion of facility

NMHWA

Permit 1.7.11.2.( i) (ii) Reporting Anticipated Noncompliance

The Permittees shall not store or dispose TRU mixed waste in any modified portion of the facility (except as provided in 20.4.1.900 NMAC (incorporating 40 CFR §270.42)) until the following conditions specified in 20.4.1.900 NMAC (incorporating 40 CFR §270.30(l)(2)) are satisfied:

i. The Permittees have submitted to the Secretary, by certified mail or hand delivery, a letter signed by the Permittees and a New Mexico registered professional engineer stating that the facility has been constructed or modified in compliance with this Permit, and:

ii. The Secretary has either inspected the modified portion of the facility and finds it is in compliance with the conditions of this Permit; or waived the inspection or, within 15 calendar days of the date of submission of the letter required above, has not notified the Permittees of his intent to inspect

Permit 4.5.2.1. Construction Requirements

Prior to disposal of TRU mixed waste in a newly constructed Underground HWDU, the Permittees shall comply with the certification requirements specified in Permit Section 1.7.11.2

Permit 4.5.2.2. Notification Requirements

At least 30 calendar days prior to the projected start date of excavation of each Underground HWDU, the Permittees shall provide written notification to the Secretary stating the projected start date of excavation, along with supporting rationale (e.g., projected waste receipt rate, etc.). The Permittees shall post a link to the notification transmittal letter on the WIPP Home Page and inform those on the e-mail notification list. The Permittees shall send e-mail notifications required by this Permit to the e-mail list within seven days of the submittal date to the Secretary and shall include in the e-mail a direct link to the specific document to which it relates. The Permittees shall provide a link on the WIPP Home Page http://www.wipp.energy.gov/ whereby members of the public may review the actions requiring e-mail notification and submit a request to be placed on this list

The Permittees shall not transfer this Permit to any person, unless the Secretary has approved a permit modification request for such transfer in writing. The Secretary shall require modification or revocation and reissuance of this Permit as specified by 20.4.1.900 NMAC (incorporating 40 CFR §270.40) and 270.41(b )(2)) to identify the new Permittees and incorporate other applicable requirements under the HWA, RCRA, and their implementing regulations. The prospective new Permittee shall file a disclosure statement with the Secretary, if applicable and as specified at §74-4-4.7 of the HWA, prior to modification or revocation and re-issuance of the Permit.

Permit Modification Report-Noncompliance that may Endanger Human Health or Environment

U

Report

As required

24 hours after discovery of non-compliance (verbal)

Five calendar days after first discovery of non-compliance (written)

e-mail notification list within seven calendar days

NMHWA

Permit 1.7.13.1 Oral Report

As required by 20.4.1.900 NMAC (incorporating 40 CFR §270.30[l][6][ i]), within 24 hours from the time the Permittees become aware of the circumstances, the Permittees shall report orally to the Secretary any noncompliance which may endanger human health or the environment, including:

i. Information concerning release of any TRU mixed or hazardous waste that may cause an endangerment to public drinking water supplies; and

ii. Any information of a release or discharge of TRU mixed or hazardous waste, or of a fire or explosion from the facility, which could threaten the environment or human health outside the facility

The oral report shall be made by calling the Hazardous Waste Bureau’s main telephone number during regular business hours, or by calling the New Mexico Department of Public Safety dispatch telephone number during non-business hours, and requesting that the report be forwarded to the NMED spill number.

Permit 1.7.13.3. Written Notice

As required by 20.4.1.900 NMAC (incorporating 40 CFR § 270.30[l ][6][iii]), the Permittees shall submit a written notice within five calendar days of the time the Permittees become aware of the circumstances. The written notice shall contain the information required in Permit Section 1.7.13.2 and the following information:

i. A description of the noncompliance and its cause;

ii. The period(s) of the noncompliance including exact dates and times and, if the noncompliance has not been corrected, the anticipated time it is expected to continue; and

iii. Steps taken or planned to reduce, eliminate, and prevent recurrence of the noncompliance

The Secretary may waive the five-day written notice requirement in favor of a written report within 15 calendar days if justifiable cause is provided in advance. The Permittees shall post a link to the written notice or report transmittal letter on the WIPP Home Page and inform those on the e-mail notification list. The Permittees shall send e-mail notifications required by this Permit to the e-mail list within seven days of the submittal date to the Secretary and shall include in the e-mail a direct link to the specific document to which it relates. The Permittees shall provide a link on the WIPP Home Page http://www.wipp.energy.gov/ whereby members of the public may review the actions requiring e-mail notification and submit a request to be placed on this list.

Whenever the Permittees become aware that they failed to submit any relevant facts in the Permit application, or submitted incorrect information in the Permit application or in any report to the Secretary, the Permittees shall promptly submit such facts or information in writing to the Secretary. The Permittees shall post a link to the transmittal letter on the WIPP Home Page and inform those on the e-mail notification list as specified in Permit Section 1.11. [20.4.1.900 NMAC (incorporating 40 CFR §270.30(l)(11))]

Notification requirements - the Permittees shall notify the Secretary in writing, within seven calendar days of obtaining validated analytical results, whenever the concentration of any VOC specified in Table 4.4.1 exceeds the concentration of concern specified in Table 4.6.2.3

The Permittees shall notify the Secretary in writing, within seven calendar days of obtaining validated analytical results, whenever the running annual average concentration (calculated after each sampling event) for any VOC specified in Table 4.4.1 exceeds the concentration of concern specified in Table 4.6.2.3.

The Permittees shall post a link to any exceedance notice transmittal letter on the WIPP Home Page and inform those on the e-mail notification list as specified in Permit Section 11.1

For any remedial action taken under this Permit section, the Permittees shall submit to the Secretary written quarterly status reports, beginning 30 calendar days after the Permittees submit the initial notification in Permit Section 4.6.2.3 which resulted in the remedial action. The quarterly status report shall analyze the cause of exceedance, describe the implementation and results of the remedial action, and describe measures taken to prevent future exceedances. The Permittees shall submit such reports until the Secretary determines the remedial action has been completed in accordance with all applicable requirements of this permit

The Permittees shall notify the Secretary in writing, within seven calendar days of obtaining validated analytical results, whenever the concentration of any VOC specified in Table 4.4.1 in any closed room in an active panel or in the immediately adjacent closed room exceeds the action levels specified in Table 4.6.3.2. The Permittees shall post a link to the exceedance notice transmittal letter on the WIPP Home Page and inform those on the e-mail notification list as specified in Permit Section 1.11

The Permittees shall calculate the running annual average mine ventilation exhaust rate on a monthly basis. In addition, the Permittees shall evaluate compliance with the minimum active room ventilation rate specified in Permit Section 4.5.3.2 on a monthly basis. The Permittees shall report to the Secretary in the annual report specified in Permit Section 4.6.4.2 whenever the evaluation of the mine ventilation monitoring program data identifies that the ventilation rates specified in the Permit Section 4.5.3.2 have not been achieved.

The Permittees shall notify the Secretary in writing, within seven calendar days of obtaining validated analytical results, whenever the concentration of hydrogen or methane in a filled panel exceeds the action levels specified in Table 4.6.5.3. The Permittees shall post a link to the notification letter on the WIPP Home Page and inform those on the e-mail notification list as specified in Permit Section 1.11

The Permittees shall notify the secretary in writing within seven calendar days of the discovery of loss of sampling line(s). The Permittees shall also post a link to such notification letters on the WIPP Home Page and inform those on the e-mail notification list as specified in Permit Section 1.11

The Permittees shall evaluate any loss of sampling lines as described in Permit Attachment N1, Section N1-5b, "Sample Tubing," and shall notify the Secretary in writing within seven calendar days the results of such evaluation.

Permit Attachment N1, Section N1-8 Data Evaluation and Notifications

If any Action Level is exceeded, notification will be made to NMED and the notification posted to the WIPP web page and accessed through the email notification system within seven calendar days of obtaining validated analytical data

If any sampling line loss occurs, notification will be made to NMED and the notification posted to the WIPP web page and accessed through the email notification system within seven calendar days of learning of a sampling line loss. After the evaluation of the impact of sampling line loss as shown in Figure N1-5, notification will be made to NMED and the notification posted to the WIPP web page and accessed through the email notification system within seven calendar days of completing the sampling line loss evaluation.

The Permittees may propose to plug and abandon a Detection Monitoring Well (DMW) by submitting a permit modification request to the Secretary in compliance with 20.4.1.900 NMAC (incorporating 40 CFR §270.42). The Permittees shall plug and abandon any DMW in a manner which eliminates physical hazards, prevents groundwater contamination, conserves hydrostatic head, and prevents intermixing of subsurface water. The Permittees shall submit a report to the Secretary which summarizes and certifies DMW plugging and abandoning methods within 90 calendar days from the date a DMW is removed from the Detection Monitoring Program (DMP).

If the Permittees determine, pursuant to Permit Section 5.9 and 20.4.1.500 NMAC (incorporating 40 CFR §264.98[g]), that there is statistically significant evidence of contamination for any hazardous constituent specified in Table 5.4.b, the Permittees shall comply with the following:

Permit 5.10.3 Determination of Contamination and 5.10.3.4. Submittal of Compliance Monitoring Program

Determination of Contamination - If the Permittees determine, pursuant to Permit Section 5.9 and 20.4.1.500 NMAC (incorporating 40 CFR §264.98[g]), that there is statistically significant evidence of contamination for any hazardous constituent specified in Table 5.4.b, the Permittees shall comply with the following:

Permit5.10.3.4. Submittal of Compliance Monitoring Program

The Permittees shall, within 90 calendar days, submit to the Secretary an application for a permit modification to establish a compliance monitoring program meeting the requirements of 20.4.1.500 NMAC (incorporating 40 CFR §264.99). The application shall include the following information, as required by 20.4.1.500 NMAC (incorporating 40 CFR §264.98(g)(4))

i. An identification of the concentration of any hazardous constituent specified in Table 5.4.b or any Appendix IX substance detected in the ground water at each DMW at the compliance point

ii. Any proposed changes to the DMP necessary to meet the compliance monitoring requirements as specified in 20.4.1.500 NMAC (incorporating 40 CFR §264.99)

iii. Any proposed additions or changes to the monitoring frequency, sampling and analysis procedures or methods, or statistical methods used necessary to meet the compliance monitoring requirements as specified in 20.4.1.500 NMAC (incorporating 40 CFR §264.99)

iv. For each hazardous constituent detected at the compliance point, a proposed concentration limit or a notice of intent to seek an alternate concentration limit for a hazardous constituent required by 20.4.1.500 NMAC (incorporating 40 CFR §264.94).

Determination of Contamination - If the Permittees determine, pursuant to Permit Section 5.9 and 20.4.1.500 NMAC (incorporating 40 CFR § 264.98[g]), that there is statistically significant evidence of contamination for any hazardous constituent specified in Table 5.4.b, the Permittees shall comply with the following:

Permit 5.10.3.5, Submittal of Additional Information

- The Permittees shall, within 180 calendar days, submit to the Secretary the following information, as required by 20.4.1.500 NMAC (incorporating 40 CFR §264.98[g][5]):

If the Permittees determine, pursuant to Permit Section 5.9, that there is a statistically significant difference for hazardous constituents specified in Table 5.4.b. at any DMW at the compliance point, they may demonstrate that a source other than a regulated unit caused the increase or that the detection is an artifact caused by an error in sampling, analysis, statistical evaluation, or natural variation in the ground water. In such cases, the Permittees shall comply with the following:

Permit 5.10.4.1. Notification

The Permittees shall notify the Secretary in writing within seven calendar days of determining statistically significant evidence of contamination at the compliance point that they intend to make a demonstration of outside contamination, as required by 20.4.1.500 NMAC (incorporating 40 CFR § 264.98[g][6][ i]).

If the Permittees determine, pursuant to Permit Section 5.9, that there is a statistically significant difference for parameters or constituents specified in Table 5.4.b at any DMW at the compliance point, they may demonstrate that a source other than a regulated unit caused the increase or that the detection is an artifact caused by an error in sampling, analysis, statistical evaluation, or natural variation in the ground water. In such cases, the Permittees shall comply with the following:

Permit 5.10.4.2. Submittal of Demonstration

The Permittees shall, within 90 calendar days, submit a report to the Secretary which demonstrates that a source other than a regulated unit caused the contamination, or that the contamination resulted from error in sampling, analysis, or evaluation, as required by 20.4.1.500 NMAC (incorporating 40 CFR § 264.98[g][6][ii]).

Demonstration of Outside Contamination - If the Permittees determine, pursuant to Permit Section 5.9, that there is a statistically significant difference for hazardous constituents specified in Table 5.4.b at any DMW at the compliance point, they may demonstrate that a source other than a regulated unit caused the increase or that the detection is an artifact caused by an error in sampling, analysis, statistical evaluation, or natural variation in the ground water. In such cases, the Permittees shall comply with the following:

Permit 5.10.4.3. Submittal of Modification Request

The Permittees shall, within 90 calendar days, submit to the Secretary an application for a permit modification to make any appropriate changes to the DMP, as required by 20.4.1.500 NMAC (incorporating 40 CFR § 264.98[g][6][iii]).

If the Permittees or the Secretary determines that the DMP no longer satisfies the requirements of 20.4.1.500 NMAC (incorporating 40 CFR § 264 Subpart F) and this Permit Part, the Permittees shall, within 90 calendar days of the determination, submit an application for a permit modification to make any appropriate changes to the program in compliance with 20.4.1.500 and .900 NMAC (incorporating 40 CFR §264.98[h] and 270.42)

Sixty calendar days prior to planned change or within 60 calendar of discovering an unplanned change

NMHWA

Permit 7.5 – Post-Closure Permit Modifications

The Permittees shall submit a written notification of or request for a permit modification to amend the approved Post-Closure Plan at any time during the active life of the facility or during the post-closure care period, as required by 20.4.1.500, .900, and .901 NMAC (incorporating 40 CFR § 264.118[d] and Part 270). The Permittees shall include a copy of the proposed amended Post-Closure Plan for approval by the Secretary, as required by 20.4.1.500 NMAC (incorporating 40 CFR § 264.118[d])

Permit 7.5.2. Timing of Permit Modification:

The Permittees shall submit a written request for a permit modification at least sixty (60) calendar days prior to the proposed change in facility design or operation, or no later than sixty (60)calendar days after an unexpected event has occurred which affects the Post-Closure Plan, as required by 20.4.1.500 NMAC (incorporating §264.118(d)(3))

DOE shall notify NMED in writing within seven calendar days of receipt of the action or determination in dispute. Such notice shall be sent to the Hazardous Waste Bureau Chief and must set forth the specific matters in dispute, the position DOE asserts should be adopted, a detailed explanation for DOE’s position, and any other matters considered necessary for the dispute resolution. For AK Sufficiency Determination disputes, DOE shall also submit all factual data, analysis, opinion, and other documentation upon which they relied for their provisional approval, and any other information that supports their position. NMED shall acknowledge receipt of notification by e-mail sent to DOE’s representative as designated in their written notification.

Permit Modification-Dispute Resolution Request for Final Decision of the Secretary

U

Written Request

As required

Within 30 calendar days of the Secretary's final decision written notice

NMHWA

Permit Section 1.16.4 Tier II - Final Decision of the Secretary

In the event agreement is not reached within the 30 calendar day period, DOE may submit a written Request for Final Decision to the Secretary. The Request must be submitted within seven calendar days after receipt of notification from NMED that an agreement under Tier I was not reached. The Secretary will notify the Permittees in writing of the decision on the dispute, and the Permittees shall comply with the terms and conditions of the decision. Such decision shall be the final resolution of the dispute and shall be enforceable under this Permit

The Permittees shall notify the Secretary in writing, within 15 calendar days of discovery, of any newly discovered SWMU or AOC. The notification shall include, at a minimum, the location of the newly discovered SWMU or AOC and all available information pertaining to the site history and nature of the release (e.g., media affected, hazardous waste or hazardous constituents released, magnitude of release). The Secretary may require the Permittees to submit a Release Assessment Report in accordance with Permit Section 8.6.1 to determine the status of the newly discovered SWMU or AOC. Alternatively, the Secretary may require an Investigation Work Plan for the newly discovered SWMU or AOC in accordance with Permit Section 8.8.1 without requiring a Release Assessment. If the Secretary determines that an Investigation Work Plan for a newly discovered SWMU or AOC is required, the Permittees shall modify this Permit to add the SWMU or AOC to Permit Attachment K, in accordance with 20.4.1.900 NMAC (incorporating 40 CFR §270.42)

The release of a reportable quantity (RQ) of an extremely hazardous substance (EHS) or CERCLA hazardous substance within any 24-hour period triggers the emergency release notification requirements. RQs for EHSs are listed in Appendices A and B to part 355 in the column labeled "reportable quantity." RQs for CERCLA hazardous substances are listed in Table 302.4 of 40 CFR § 302.4 in the column labeled "final RQ."

§ 40 CFR 355.40 Emergency release notification

You must make two separate notifications to comply with the emergency release notification requirements of this subpart: an immediate notification, and as soon as practicable thereafter a written follow-up emergency notification (or notifications, as more information becomes available).

(a) Immediate notification. The notice required under this section shall include as much of the following information known at the time. However, the retrieval of this information should not cause a delay in the notification on the emergency response.

(1) The chemical name or identity of any substance involved in the release.

(2) Indicate whether the substance is an EHS.

(3) Provide an estimate of the quantity of any such substance that was released into the environment.

(4) State the time and duration of the release.

(5) The medium or media into which the release occurred.

(6) Any known or anticipated acute or chronic health risks associated with the emergency and, where appropriate, advice regarding medical attention necessary for exposed individuals.

(7) Proper precautions to take as a result of the release, including evacuation (unless such information is readily available to the community emergency coordinator pursuant to the emergency plan).

(8) The name and telephone number of the individual (or individuals) to be contacted for further information

(b) Written follow-up emergency notification. Except for releases that occur during transportation or from storage incident to transportation, you must provide a written follow-up emergency notice (or notices, as more information becomes available), as soon as practicable after the release. In the written follow-up emergency notice, you must provide and update the information required in the immediate notification and include additional information with respect to all of the following:

(1) Actions taken to respond and contain the release.

(2) Any known or anticipated acute or chronic health risks associated with the release.

(c) You are not required to submit a written follow-up notification for a release that occurred during transportation or from storage incident to transportation. See §355.42(b) for requirements for reporting such releases. §355.41: The immediate notification, described in §355.40(a), should be oral. The follow-up emergency notification, described in §355.40(b), shall be in writing. EPA does not specify a particular format for the written follow-up emergency notification

§355.42: (a) You must provide the immediate emergency release notification information and the written follow-up notification to: (1) The community emergency coordinator for the LEPC of any area likely to be affected by the release (if there is no LEPC, notify the relevant local emergency response personnel); and (2) The SERC of any State likely to be affected by the release

(b) For a release that occurs during transportation or from storage incident to transportation, you may meet the requirements of this subpart by notifying the 911 operator (or in the absence of a 911 emergency telephone number, the operator) of the immediate notification information listed in §355.40(a). You are not required under this subpart to submit a written follow-up notification, as described in §355.40(b), for such a release.

If the emergency coordinator determines that the facility has had a release, fire, or explosion which could threaten human health, or the environment, outside the facility, they must report their findings as follows:

If their assessment indicates that evacuation of local areas may be advisable, they must immediately notify appropriate local authorities. They must be available to help appropriate officials decide whether local areas should be evacuated; and

He must immediately notify either the government official designated as the on‑scene coordinator for that geographical area, or the National Response Center (using their 24‑hour toll free number 800‑424‑8802). The report must include:

name and telephone number of reporter;

name and address of facility;

time and type of incident (e.g., release, fire);

name and quantity of material(s) involved, to the extent known;

the extent of injuries, if any; and

the possible hazards to human health, or the environment, outside the facility

The owner or operator must note in the operating record the time, date, and details of any incident that requires implementing the contingency plan. Within 15 days after the incident, they must submit a written report on the incident to the Regional Administrator. The report must include:

name, address, and telephone number of the owner or operator;

name, address, and telephone number of the facility;

date, time, and type of incident (e.g., fire, explosion);

name and quantity of material(s) involved;

the extent of injuries, if any;

an assessment of actual or potential hazards to human health or the environment, where this is applicable; and

estimated quantity and disposition of recovered material that resulted from the incident.

Prior to resumption of operations, notify that

no waste that may be incompatible with released material is treated, stored, or disposed of until cleanup is complete, and

all emergency equipment listed in the Contingency Plan is cleaned and fit for its intended use.

The Permittees shall notify the Secretary in writing, within 15 calendar days of discovery, of any newly discovered release(s) of hazardous waste or hazardous constituents from a SWMU or AOC that explains the location and circumstances of the release

If the Secretary determines that investigation of the release is needed, the Permittees shall prepare and submit an Investigation Work Plan in accordance with Permit Section 8.8.1

Within 30 calendar days of the Secretary’s notification unless another time period is specified by the Secretary

NMHWA

Permit 8.7.1. Secretary-Initiated Interim Measures

Upon written notification by the Secretary, the Permittees shall prepare and submit an Interim Measures (IM) Work Plan at any SWMU or AOC where the Secretary determines that interim measures are necessary to minimize or prevent the migration of hazardous waste or hazardous constituents and limit actual or potential human and environmental exposure to hazardous waste or hazardous constituents while long term corrective action remedies are evaluated and implemented. The Permittees shall submit its IM Work Plan to the Secretary within 30 calendar days of the Secretary’s notification, unless another time period is specified by the Secretary. Such interim measures may be conducted concurrently with any required corrective action. The Permittees shall prepare and submit IM Work Plans in accordance with the work plan format included in Permit Section 8.14

The Permittees may initiate interim measures at a SWMU or AOC by notifying the Secretary, in writing, at least 30 calendar days prior to beginning the Interim Measures. The Secretary will approve the permittee-initiated IM, conditionally approve the IM, or require submittal of an IM work plan for the Secretary’s approval prior to implementation of the Interim measure

Notify the Secretary within one business day of discovery of the facts giving rise to the threat

NMHWA

Permit 8.7.3. Emergency Interim Measures

The Permittees may determine, during implementation of site investigation activities, that emergency interim measures are necessary to address an immediate threat of harm to human health or the environment. The Permittees shall notify the Secretary within one business day of discovery of the facts giving rise to the threat, and shall propose emergency interim measures to address the threat. If the Secretary approves the emergency interim measures in writing, the Permittees may implement the proposed emergency interim measures without submitting an interim measures work plan

Notify the Secretary within one business day of taking an emergency interim measure

NMHWA

Permit 8.7.3. Emergency Interim Measures

If circumstances arise resulting in an immediate threat to human health or the environment such that initiation of emergency interim measures are necessary prior to obtaining written approval from the Secretary, the Permittees shall notify the Secretary within one business day of taking the emergency interim measure. The notification shall contain a description of the emergency situation, the types and quantities of contaminants involved, the emergency interim measures taken, and contact information for the emergency coordinator who handled the situation. The notification shall also include a written statement justifying the need to take the emergency action without prior written approval from the Secretary. This requirement shall not be construed to conflict with 20.4.1.500 NMAC incorporating 40 CFR § 264.1(g)(8)) or 20.4.1.900 NMAC (incorporating 40 CFR § 270.61)

Permit 8.7.5.1. Implementation and Completion of Approved IM Work Plan

The Permittees shall complete interim measures within 180 calendar days of the start of implementation of the interim measure. The Permittees may submit a written request to the Secretary to extend the period for

Implementation of the interim measure. The request must provide justification for the extension and a proposed schedule for completion of the interim measure. The Secretary will notify the Permittees, in writing, of the approval or disapproval of the request within 30 calendar days of receipt of the IM implementation extension request

The Permittees shall give notice to the Secretary as soon as possible of any planned changes, reductions or additions to the IM Work Plan required by the Secretary under Permit Section 8.7.1 or initiated by the Permittees in accordance with Permit Section 8.7.2

The Permittees shall submit to the Secretary for review and approval, within 90 calendar days of completion of interim measures, an IM Report for each SWMU or AOC. The IM Report shall contain, at a minimum, the following information:

30 Calendar days prior to any permit or corrective action-related field activity

NMHWA

Permit 8.8.2. Investigation Work Plan Implementation

The Permittees shall implement Investigation Work Plans as approved by the Secretary. The Permittees shall notify the Secretary at least 30 calendar days prior to any permit or corrective action-related field activity (e.g., drilling, sampling)

The Permittees shall prepare and submit to the Secretary investigation Reports for the investigations conducted in accordance with Investigation Work Plans submitted under Permit Section 8.8.1. The Permittees shall submit the Investigation Reports to the Secretary for review and approval in accordance with the schedules included in its approved Investigation Work Plans

The Permittees shall attain the cleanup goals outlined in Permit Section 8.13 including, as necessary, performance of risk analysis to establish alternate cleanup goals, at each site for which the Secretary determines, in the format included in Permit Section 8.14, that corrective measures are necessary. The Permittees shall submit to the Secretary for approval a Risk Assessment Report in accordance with this Permit Section for sites where risk analyses are conducted

Following written notification from the Secretary that a corrective measures evaluation is required, the Permittees shall submit to the Secretary for approval a Corrective Measures Evaluation Report. The Permittees shall follow the Corrective Measures Evaluation Report format outlined in Permit Section 8.14.5. The corrective measures evaluation shall evaluate potential remedial alternatives and shall recommend a preferred remedy that will be protective of human health and the environment and that will attain the appropriate cleanup goals. The Corrective Measures Evaluation Report shall, at a minimum, comply with Permit Section 8.14.5 and include the following:

A description of the location, status, and current use of the site;

A description of the history of site operations and the history of releases of contaminants;

A description of site surface conditions;

A description of site subsurface conditions;

A description of on- and off-site contamination in all affected media;

An identification and description of all sources of contaminants;

An identification and description of contaminant migration pathways;

An identification and description of potential receptors;

A description of cleanup standards or other applicable regulatory criteria;

An identification and description of a range of remedy alternatives;

Remedial alternative pilot or bench scale testing results;

A detailed evaluation and rating of each of the remedy alternatives, applying the criteria set forth in Permit Section 8.14.5.10;

Subject to the procedures in Permit Section 1.10.2, if the Secretary disapproves the Corrective Measures Evaluation Report, the Secretary will notify the Permittees in writing of the Corrective Measures Evaluation Report's deficiencies and specify a due date for submission of a revised Corrective Measures Evaluation Report. Upon receipt of such notification of disapproval, the Permittees shall submit to the Secretary, within the specified time, a revised Corrective Measures Evaluation Report that corrects the deficiencies. If the Secretary approves the Corrective Measures Evaluation Report, the Secretary will notify the Permittees in writing

Within 90 calendar days after the Secretary’s selection of a final remedy, or as otherwise specified by the schedule contained in the approved Corrective Measure Evaluation Report or as specified by a schedule required by the NMED Secretary in the written approval Notification

NMHWA

Permit 8.11.2. Corrective Measures Implementation Plan

Within 90 days after the Secretary’s selection of a final remedy, or as otherwise specified by the schedule contained in the approved Corrective Measure Evaluation Report or as specified by a schedule required by the Secretary in the written approval notification, the Permittees shall submit to the Secretary for approval a Corrective Measures Implementation Plan outlining the design, construction, operation, maintenance, and performance monitoring for the selected remedy, and a schedule for its implementation. The implementation plan shall be submitted to the Secretary for review in accordance with the procedures in Permit Section 1.10. The Corrective Measures Implementation Plan shall, at a minimum, include the following elements:

A description of the selected final remedy;

A description of the cleanup goals and remediation system objectives;

An identification and description of the qualifications of all persons, consultants, and contractors that will be implementing the remedy;

Detailed engineering design drawings and systems specifications for all elements of the remedy signed and stamped by a registered New Mexico professional engineer;

A construction work plan;

An operation and maintenance plan;

The results of any remedy pilot tests;

A plan for monitoring the performance of the remedy, including sampling and laboratory analysis of all affected media;

A waste management plan;

A proposed schedule for submission to the Secretary of periodic progress reports; and

The Permittees shall submit progress reports to the Secretary in accordance with the schedule approved in the Corrective Measures Implementation Plan. The progress reports shall, at a minimum, include the following information:

A description of the remedy work completed during the reporting period;

A summary of problems, potential problems, or delays encountered during the reporting period;

A description of actions taken to eliminate or mitigate the problems, potential problems, or delays;

A discussion of the remedy work projected for the next reporting period, including all sampling events;

Copies of the results of all monitoring, including sampling and analysis, and other data generated during the reporting period; and

Copies of all waste disposal records generated during the reporting period

Within 90 days after completion of remedy, the Permittees shall submit to the Secretary a Remedy Completion Report. The report shall, at a minimum, include the following items:

A summary of the work completed;

A statement, signed by a registered professional engineer, that the remedy has been completed in accordance with the Secretary approved work plan for the remedy;

As-built drawings and specifications signed and stamped by a registered New Mexico professional engineer;

Copies of the results of all monitoring, including sampling and analysis, and other data generated during the remedy implementation, if not already submitted in a progress report;

Copies of all waste disposal records, if not already submitted in a progress report; and

A certification, signed by a responsible official of facility, stating: "I certify under penalty of law that this document and all attachments were prepared under my direction or supervision according to a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations."

Discrepancies that are not resolved within 15 days will be reported to the NMED

40 CFR §264.72

Permit A1-1 1d(2) CH TRU Mixed Waste Handling

For inventory control purposes, TRU mixed waste container identification numbers will be verified against the Uniform Hazardous Waste Manifest and the WWIS. Inconsistencies will be resolved with the generator before TRU mixed waste is emplaced. Discrepancies that are not resolved within 15 days will be reported to the NMED in accordance with 20.4.1.500 NMAC (incorporating 40 CFR §264.72)

Permit A1-1d(3) RH TRU Mixed Waste Handling

Once the shielded container assembly is on the facility pallet, the TRU mixed waste container identification numbers will be verified against the Uniform Hazardous Waste Manifest and the WWIS. Inconsistencies will be resolved as discussed in Section A1- 1d(2)

Manifest discrepancies will be identified during manifest examination and container bar-code WWIS data comparison. A manifest discrepancy is a difference between the quantity or type of hazardous waste designated on the manifest and the quantity or type of hazardous waste the WIPP facility actually receives. The generator/storage site technical contact (as listed on the manifest) will be contacted to resolve the discrepancy. If the discrepancy is identified prior to the containers being removed from the package or shipping cask, the waste will be retained in the parking area. If the discrepancy is identified after the waste containers are removed from the package or cask, the waste will be retained in the Waste Handling Building (WHB) until the discrepancy is resolved. Errors on the manifest can be corrected by the WIPP facility with a verbal (followed by a mandatory written) concurrence by the generator/storage site technical contact. All discrepancies, unresolved within fifteen (15) days of receiving the waste, will be immediately reported to NMED in writing. Notifications to NMED will consist of a letter describing the discrepancies, discrepancy resolution, and a copy of the manifest. If the manifest discrepancies are not resolved within thirty (30) days of waste receipt, the shipment will be returned to the generator/storage facility. If it becomes necessary to return waste containers to a generator/storage site, a new EPA Uniform Hazardous Waste Manifest may be prepared by Permittees

A. Owners, operators and certified installers shall give notice of any suspected or confirmed release from a storage tank system pursuant to 20.5.7.9 or 20.5.7.10 NMAC, or any spill or any other relevant emergency situation to the department by telephone within 24 hours. The owner, operator or certified installer giving the notice shall provide the following items of information to the best of the owner's, operator's or certified installer’s knowledge:

(1) the name, address, and telephone number of the agent in charge of the site at which the storage tank system is located, as well as the name, address and telephone number of the owner and the operator of the system;

(2) the name and address of the site at which the storage tank system is located and the location of the storage tank system on that site;

(3) the date, time, location and duration of the spill, release or suspected release;

(4) the source and cause of the spill, release or suspected release;

(5) the tank system description;

(6) a description of the spill, release or suspected release, including its chemical composition;

(7) the estimated volume of the spill, release or suspected release; and

(8) any actions taken to mitigate immediate damage from the spill, release or suspected release.

B. Owners and operators shall provide a written report describing the spill, release or suspected release and any investigation or follow-up action to the department within 14 days of the incident. The written report shall verify the prior oral notification as to each of the items of information listed in Subsection A of this section and provide any appropriate amendments to the information contained in the prior oral Notification

Leaks are to be verbally reported to appropriate NMED staff identified at http://www.nmenv.state.nm.us/ust/leakweek.html For emergencies during evenings and weekends, call the NMED emergency number (505) 827-9329 and NMED Petroleum Storage Tank Bureau (505)984-1741

Mail or deliver within seven days of the incident, a written notice describing the spill, release, or suspected release and any investigation or follow-up action taken or to be taken. Send reports to Petroleum Storage Tank Bureau, New Mexico Environment Department, 2044 Galisteo Street, Santa Fe, New Mexico, 87504

Spill or Overfill Report-Storage Tank

U

Report

As required after spill or overfill exceeding 25 gallons

Within 24 hours of release

UST

40 CFR §280.53(a) (Subsection A of 20.5.7.11 SPILLS AND OVERFILLS

A. Owners and operators of storage tank systems must contain and immediately clean up a spill or overfill and report it to the NMED within 24 hours in accordance with 20.5.7.8 NMAC except as provided in Subsection C of this section, and begin corrective action in accordance with 20.5.12 and 20.5.13 NMAC in the following cases:

(1) any spill or overfill of petroleum that results in a release to the environment that exceeds 25 gallons, that causes a sheen on nearby surface water, or that creates a vapor hazard pursuant to 20.5.12.11 NMAC; and

(2)any spill or overfill of a hazardous substance that results in a release to the environment that equals or exceeds its reportable quantity under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), and 40 CFR Part 302.

B. Owners and operators of storage tank systems shall contain and immediately clean up a spill or overfill of petroleum that is less than 25 gallons, and a spill or overfill of a hazardous substance that is less than the reportable quantity. Owners and operators shall notify the department if cleanup cannot be accomplished within 24 hours, or within another reasonable time period which has been established by the department.

C. Pursuant to 40 CFR parts 302.7 and 355.40, owners and operators shall also immediately report a release of a hazardous substance equal to or in excess of its reportable quantity to the National Response Center under sections 102 and 103 of CERCLA and to appropriate state and local authorities under Title III of the Superfund Amendments and Reauthorization Act of 1986

Leaks are to be verbally reported to appropriate NMED staff identified at http://www.nmenv.state.nm.us/ust/leakweek.html For emergencies during evenings and weekends, call the NMED emergency number (505) 827-9329

Any release of a hazardous substance in a quantity equal to or exceeding the RQ determined in 40 CFR § 302.5 in any 24-hour period shall immediately be reported to the National Response Center at 800‑424‑8802.

If the quantity of the hazardous constituent(s) of the mixture or solution is known, notification is required where an RQ or more of any hazardous constituent is released;

If the quantity of one or more of the hazardous constituents of the mixture or solution is unknown, notification is required where the total amount of the mixture or solution released equals or exceeds the RQ for the hazardous constituent with the lowest RQ;

Radionuclides are subject to these notification requirements only in the following circumstances:

The identity and quantity (in curies) of each radionuclide in a released mixture or solution is known and the sum of the ratios (quantity released in curies/RQ for the radionuclide) for each radionuclide in the mixture or solution is equal to or greater than 1.

The identity of each radionuclide in a released mixture or solution is known but the quantity released (in curies) of one or more of the radionuclides is unknown and the total quantity (in curies) of the mixture or solution is equal to or greater than the lowest quantity of any individual radionuclide in the mixture or solution

The identity of one or more radionuclides in a released mixture or solution is unknown and the total quantity (in curies) released is equal to or greater than either 1 curie or the lowest RQ of any known individual radionuclide in the mixture or solution, whichever is lower

The Permittees shall attain the cleanup goals outlined in Permit Section 8.13 including, as necessary, performance of risk analysis to establish alternate cleanup goals, at each site for which the Secretary determines, in the format included in Permit Section 8.14, that corrective measures are necessary. The Permittees shall submit to the Secretary for approval a Risk Assessment Report in accordance with this Permit Section for sites where risk analyses are conducted

Following
written notification from the Secretary that a corrective measures evaluation
is required, the Permittees shall submit to the Secretary for approval a
Corrective Measures Evaluation Report. The Permittees shall follow the
Corrective Measures Evaluation Report format outlined in Permit Section 8.14.5.
The corrective measures evaluation shall evaluate potential remedial
alternatives and shall recommend a preferred remedy that will be protective
of human health and the environment and that will attain the appropriate
cleanup goals. The Corrective Measures Evaluation Report shall, at a minimum,
comply with Permit Section 8.14.5 and include the following:

1. A description of the location, status, and current use of the site;

2. A description of the history of site operations and the history of releases of contaminants;

3. A description of site surface conditions;

4. A description of site subsurface conditions;

5. A description of on- and off-site contamination in all affected media;

6. An identification and description of all sources of contaminants;>

7. An identification and description of contaminant migration pathways;

8. An identification and description of potential receptors;

9. A description of cleanup standards or other applicable regulatory criteria;

10. An identification and description of a range of remedy alternatives;

11. Remedial alternative pilot or bench scale testing results;

12. A detailed evaluation and rating of each of the remedy alternatives, applying the criteria set forth in Permit Section 8.14.5.10;

13. An identification of a proposed preferred remedy or remedies;

14. Design criteria of the selected remedy or remedies; and

15. A proposed schedule for implementation of the preferred remedy

MOC

Office of the Manager

CBFO Manager

Project Manager Nuclear Waste Partnership LLC

Hazardous Waste Permits Program Manager

Hazardous Waste Bureau

NMED

2905 Rodeo Park Drive East, Building 1

Santa Fe, NM 87502

Revised Corrective Measures Evaluation Report

U

Report

As required

As specified by the Secretary

NMHWA

Permit 8.10.5. Approval of Corrective Measures Evaluation Report

Subject
to the procedures in Permit Section 1.10.2, if the Secretary disapproves the
Corrective Measures Evaluation Report, the Secretary will notify the
Permittees in writing of the Corrective Measures Evaluation Report's
deficiencies and specify a due date for submission of a revised Corrective
Measures Evaluation Report. Upon receipt of such notification of disapproval,
the Permittees shall submit to the Secretary, within the specified time, a
revised Corrective Measures Evaluation Report that corrects the deficiencies.
If the Secretary approves the Corrective Measures Evaluation Report, the
Secretary will notify the Permittees in writing

MOC

Office of the Manager

CBFO Manager

Project Manager Nuclear Waste Partnership LLC

Hazardous Waste Permits Program Manager

Hazardous Waste Bureau

NMED

2905 Rodeo Park Drive East, Building 1

Santa Fe, NM 87502

Corrective Measures Implementation Plan

U

Other

As required

Within
90 calendar days after the Secretary’s selection of a final remedy, or as
otherwise specified by the schedule contained in the approved Corrective
Measure Evaluation Report or as specified by a schedule required by the NMED
Secretary in the written approval Notification

NMHWA

Permit 8.11.2. Corrective Measures Implementation Plan>

Within
90 days after the Secretary’s selection of a final remedy, or as otherwise
specified by the schedule contained in the approved Corrective Measure
Evaluation Report or as specified by a schedule required by the Secretary in
the written approval notification, the Permittees shall submit to the
Secretary for approval a Corrective Measures Implementation Plan outlining
the design, construction, operation, maintenance, and performance monitoring
for the selected remedy, and a schedule for its implementation. The
implementation plan shall be submitted to the Secretary for review in
accordance with the procedures in Permit Section 1.10. The Corrective
Measures Implementation Plan shall, at a minimum, include the following
elements:

1. A description of the selected final remedy;

2. A description of the cleanup goals and remediation system objectives;

3. An identification and description of the qualifications of all persons, consultants, and contractors that will be implementing the remedy;

4. Detailed engineering design drawings and systems specifications for all elements of the remedy signed and stamped by a registered New Mexico professional engineer;

5. A construction work plan;

6. An operation and maintenance plan;

7. The results of any remedy pilot tests;

8. A plan for monitoring the performance of the remedy, including sampling and laboratory analysis of all affected media;

9. A waste management plan;

10. A proposed schedule for submission to the Secretary of periodic progress reports; and

11. A proposed schedule for implementation of the remedy

MOC

Office of the Manager

CBFO Manager

Project Manager Nuclear Waste Partnership LLC

Hazardous Waste Permits Program Manager

Hazardous Waste Bureau

NMED

2905
Rodeo Park Drive East, Building 1

Santa Fe, NM 87502

Progress Reports for Corrective Measures Implementation Plan

U

Report

As required

In accordance with the

schedule approved in the Corrective Measures Implementation Plan

NMHWA

Permit 8.11.4. Progress Reports

The Permittees shall submit progress reports to the Secretary in accordance with the schedule approved in the Corrective Measures Implementation Plan. The progress reports shall, at a minimum, include the following information:

1. A description of the remedy work completed during the reporting period;

2. A summary of problems, potential problems, or delays encountered during the reporting period;

3. A description of actions taken to eliminate or mitigate the problems, potential problems, or delays;

4. A discussion of the remedy work projected for the next reporting period, including all sampling events;

5. Copies of the results of all monitoring, including sampling and analysis, and other data generated during the reporting period; and

6. Copies of all waste disposal records generated during the reporting period

MOC

Office of the Manager

CBFO Manager

Project Manager Nuclear Waste Partnership LLC

Hazardous Waste Permits Program Manager

Hazardous Waste Bureau

NMED

2905 Rodeo Park Drive East, Building 1

Santa Fe, NM 87502

Remedy Completion Report

U

Report

As required

Within 90 days after completion of remedy

NMHWA

Permit 8.11.5.1. Remedy Completion Report

Within 90 days after completion of remedy, the Permittees shall submit to the Secretary a Remedy Completion Report. The report shall, at a minimum, include the following items:

1. A summary of the work completed;

2. A statement, signed by a registered professional engineer, that the remedy has been completed in accordance with the Secretary approved work plan for the remedy;

3. As-built drawings and specifications signed and stamped by a registered New Mexico professional engineer;

4. Copies of the results of all monitoring, including sampling and analysis, and other data generated during the remedy implementation, if not already submitted in a progress report

5. Copies of all waste disposal records, if not already submitted in a progress report; and

6. A certification, signed by a responsible official of facility, stating: "I certify under penalty of law that this document and all attachments were prepared under my direction or supervision according to a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations."

MOC

Office of the Manager

CBFO Manager

Project Manager Nuclear Waste Partnership LLC

Hazardous Waste Permits Program Manager

Hazardous Waste Bureau

NMED

2905 Rodeo Park Drive East, Building 1

Santa Fe, NM 87502

Hazardous Waste Manifest Discrepancy Report

U

Notification

As required

Discrepancies that are not resolved within 15 days will be reported to the NMED

40 CFR §264.72

Permit A1-1 1d(2) CH TRU Mixed Waste Handling

For
inventory control purposes, TRU mixed waste container identification numbers
will be verified against the Uniform Hazardous Waste Manifest and the WWIS.
Inconsistencies will be resolved with the generator before TRU mixed waste is
emplaced. Discrepancies that are not resolved within 15 days will be reported
to the NMED in accordance with 20.4.1.500 NMAC (incorporating 40 CFR §264.72)

Permit A1-1d(3) RH TRU Mixed Waste Handling>

Once
the shielded container assembly is on the facility pallet, the TRU mixed
waste container identification numbers will be verified against the Uniform
Hazardous Waste Manifest and the WWIS. Inconsistencies will be resolved as
discussed in Section A1- 1d(2)

Manifest
discrepancies will be identified during manifest examination and container
bar-code WWIS data comparison. A manifest discrepancy is a difference between
the quantity or type of hazardous waste designated on the manifest and the
quantity or type of hazardous waste the WIPP facility actually receives. The
generator/storage site technical contact (as listed on the manifest) will be
contacted to resolve the discrepancy. If the discrepancy is identified prior
to the containers being removed from the package or shipping cask, the waste
will be retained in the parking area. If the discrepancy is identified after
the waste containers are removed from the package or cask, the waste will be retained
in the Waste Handling Building ( WHB)
until the discrepancy is resolved. Errors on the manifest can be corrected by
the WIPP facility with a verbal (followed by a mandatory written) concurrence
by the generator/storage site technical contact. All discrepancies,
unresolved within fifteen (15) days of receiving the waste, will be
immediately reported to NMED in writing. Notifications to NMED will consist
of a letter describing the discrepancies, discrepancy resolution, and a copy
of the manifest. If the manifest discrepancies are not resolved within thirty
(30) days of waste receipt, the shipment will be returned to the
generator/storage facility. If it becomes necessary to return waste
containers to a generator/storage site, a new EPA Uniform Hazardous Waste
Manifest may be prepared by Permittees

A. Owners, operators and certified installers shall give notice of any suspected or confirmed release from a storage tank system pursuant to 20.5.7.9 or 20.5.7.10 NMAC, or any spill or any other relevant emergency situation to the department by telephone within 24 hours. The owner, operator or certified installer giving the notice shall provide the following items of information to the best of the owner's, operator's or certified installer’s knowledge:

(1) the name, address, and telephone number of the agent in charge of the site at which the storage tank system is located, as well as the name, address and telephone number of the owner and the operator of the system;

(2) the name and address of the site at which the storage tank system is located and the location of the storage tank system on that site;

(3) the date, time, location and duration of the spill, release or suspected release;

(4) the source and cause of the spill, release or suspected release;

(5) the tank system description;

(6) a description of the spill, release or suspected release, including its chemical composition;

(7) the estimated volume of the spill, release or suspected release; and

(8) any actions taken to mitigate immediate damage from the spill, release or suspected release.

B. Owners and operators shall provide a written report describing the spill, release or suspected release and any investigation or follow-up action to the department within 14 days of the incident. The written report shall verify the prior oral notification as to each of the items of information listed in Subsection A of this section and provide any appropriate amendments to the information contained in the prior oral Notification

Mail or deliver within seven days of the incident, a written notice describing the spill, release, or suspected release and any investigation or follow-up action taken or to be taken. Send reports to Petroleum Storage Tank Bureau, New Mexico Environment Department, 2044 Galisteo Street, Santa Fe, New Mexico, 87504

Spill or Overfill Report-Storage Tank

U

Report

As required after spill or overfill exceeding 25 gallons

Within 24 hours of release

UST

40 CFR §280.53(a) (Subsection A of 20.5.7.11 SPILLS AND OVERFILLS

A. Owners and operators of storage tank systems must contain and immediately clean up a spill or overfill and report it to the NMED within 24 hours in accordance with 20.5.7.8 NMAC except as provided in Subsection C of this section, and begin corrective action in accordance with 20.5.12 and 20.5.13 NMAC in the following cases:

(1) any spill or overfill of petroleum that results in a release to the environment that exceeds 25 gallons, that causes a sheen on nearby surface water, or that creates a vapor hazard pursuant to 20.5.12.11 NMAC; and

(2) any spill or overfill of a hazardous substance that results in a release to the environment that equals or exceeds its reportable quantity under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), and 40 CFR Part 302.

B. Owners and operators of storage tank systems shall contain and immediately clean up a spill or overfill of petroleum that is less than 25 gallons, and a spill or overfill of a hazardous substance that is less than the reportable quantity. Owners and operators shall notify the department if cleanup cannot be accomplished within 24 hours, or within another reasonable time period which has been established by the department.

C. Pursuant to 40 CFR parts 302.7 and 355.40, owners and operators shall also immediately report a release of a hazardous substance equal to or in excess of its reportable quantity to the National Response Center under sections 102 and 103 of CERCLA and to appropriate state and local authorities under Title III of the Superfund Amendments and Reauthorization Act of 1986

Any release of a hazardous substance in a quantity equal to or exceeding the RQ determined in 40 CFR § 302.5 in any 24-hour period shall immediately be reported to the National Response Center at 800‑424‑8802.

If the quantity of the hazardous constituent(s) of the mixture or solution is known, notification is required where an RQ or more of any hazardous constituent is released;

If the quantity of one or more of the hazardous constituents of the mixture or solution is unknown, notification is required where the total amount of the mixture or solution released equals or exceeds the RQ for the hazardous constituent with the lowest RQ;

Radionuclides are subject to these notification requirements only in the following circumstances:

The identity and quantity (in curies) of each radionuclide in a released mixture or solution is known and the sum of the ratios (quantity released in curies/RQ for the radionuclide) for each radionuclide in the mixture or solution is equal to or greater than 1.

The identity of each radionuclide in a released mixture or solution is known but the quantity released (in curies) of one or more of the radionuclides is unknown and the total quantity (in curies) of the mixture or solution is equal to or greater than the lowest quantity of any individual radionuclide in the mixture or solution

The identity of one or more radionuclides in a released mixture or solution is unknown and the total quantity (in curies) released is equal to or greater than either 1 curie or the lowest RQ of any known individual radionuclide in the mixture or solution, whichever is lower

Any driver of a vehicle carrying hazardous materials involved in an accident which may cause injury to persons or property or any owner, shipper or carrier of hazardous materials involved in an accident who has knowledge of such accident or any owner or person in charge of any building, premises or facility where such an accident occurs shall immediately notify the New Mexico state police division of the public safety department by the quickest means of communication available

The owner must notify the NMED Petroleum Storage Tank Bureau in writing at least 30 calendar days before any new tank or UST system is installed and must register any new tank or UST system with the NMED Petroleum Storage Tank Bureau prior to placing it in service

When an existing storage tank system is substantially modified or replaced, the owner must notify the NMED Petroleum Storage Tank Bureau in writing of such modification or replacement at least 30 days prior to the modification or replacement. Emergency repairs or replacements are exempt from these notification requirements

20.5.8.8 Notification of Temporary or Permanent Closure or Return to Service

A. At least 30 calendar days before beginning either permanent closure, temporary closure, a change-in-service, or removal of a tank pursuant to Subsections B, C, or D of 20.5.8 NMAC, or within another reasonable time period if approved in advance in writing by the department, owners and operators shall notify the department orally or in writing of their intent to close or make the change-in-service, unless such action is in response to corrective action.

B. Additionally, owners and operators shall notify the department orally or in writing at least 30 calendar days prior to placing any regulated substance into a tank that has been in temporary or permanent closure.

C. If the owner and operator of a storage tank are separate persons, only one person is required to comply with the requirements of this part, including any notice and reporting requirements; however, both parties are liable in the event of noncompliance.

Any party intending to make a new water contaminant discharge or to alter the character or location of an existing water contaminant discharge, unless the discharge is being made or will be made into a community sewer system or subject to the Liquid Waste Disposal Regulations adopted by the New Mexico Environmental Improvement Board, shall file a notice with the Water Pollution Control Bureau of the NMED

Any party proposing to construct a sewerage system or proposing to modify any sewerage system in a manner that will change the quantity or quality of the discharge from the system substantially must file plans and specifications for the construction or modification with the Water Pollution Control Bureau of the NMED

A generator of greater than 1,000 kilograms of hazardous waste in a calendar month must submit an Exception Report to the EPA Regional Administrator for the region in which the generator is located if they have not received a copy of the manifest with the handwritten signature of the owner or operator of the designated facility within 45 days of the date the waste was accepted by the initial transporter. The Exception Report must include:

( i) a legible copy of the manifest for which the generator does not have confirmation of delivery; and

(ii) a cover letter signed by the generator or their authorized representative explaining the efforts taken to locate the hazardous waste and the results of those efforts

MOC

CBFO Environmental Protection Division Director

AdministratorU.S. EPA Region 61445 Ross AvenueDallas, TX 75202

Submit Unsigned Manifest to EPA

U

Notification

As required

As required 60 days after waste accepted

NMHWA

40 CFR § 262.42(b) Exception Reporting

A generator of greater than 100 kilograms but less than 1,000 kilograms of hazardous waste in a calendar month who does not receive a copy of the manifest with the handwritten signature of the owner or operator of the designated facility within 60 days of the date the waste was accepted by the initial transporter must submit a legible copy of the manifest, with some indication that the generator has not received confirmation of delivery, to the EPA Regional Administrator for the region in which the generator is located

Note: The submission to the EPA need only be a handwritten or typed note on the manifest itself, or on an attached sheet of paper, stating that the return copy was not received

MOC

CBFO Environmental Protection Division Director

AdministratorU.S. EPA Region 61445 Ross AvenueDallas, TX 75202

Additional Report

U

Report

As required

As required

NMHWA

40 CFR § 262.43 Additional Reporting

The Administrator, as they deem necessary under Sections 2002(a) and 3002(6) of the Act, may require generators to furnish additional reports concerning the quantities and disposition of wastes identified or listed in 40 CFR Part 261